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IBC - Highlights / Catch Notes

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CIRP - Seeking a direction to admit the claim of the Appellant ...


Financial Creditor Status Denied: NCLAT Upholds Rejection of Claim Despite Partial Completion Certificates.

March 26, 2024

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Seeking a direction to admit the claim of the Appellant as Financial Creditor - The Tribunal found that the possession of the units had indeed been handed over to the appellant on a specified date, as evidenced by a letter signed by the appellant themselves, albeit under protest. This fact was crucial in determining the validity of the appellant's claim. - Despite the appellant's arguments regarding the absence of an occupancy certificate, the Tribunal noted that partial completion certificates had been issued, indicating progress in the completion of the commercial complex. - The NCLAT upheld the decision of the adjudicating authority to reject the appellant's application seeking direction to admit their claim.

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